Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
CESTAT held that Revenue failed to comply with the mandatory notice requirement under s.28(6) of the Customs Act, 1962, and did not establish suppression or mens rea "with intent to evade duty" sufficient to invoke the extended period of limitation. The SCN issued beyond the normal assessment period and relied solely on alleged mis-declaration without the requisite statutory conditions to trigger s.28. Consequently the extended limitation could not be invoked, the demand premised on the larger limitation period was set aside, and the impugned order was quashed. The appeals filed by the Appellant/Importer were allowed with consequential benefits as per law.
CESTAT held that Revenue failed to comply with the mandatory notice requirement under s.28(6) of the Customs Act, 1962, and did not establish suppression or mens rea "with intent to evade duty" sufficient to invoke the extended period of limitation. The SCN issued beyond the normal assessment period and relied solely on alleged mis-declaration without the requisite statutory conditions to trigger s.28. Consequently the extended limitation could not be invoked, the demand premised on the larger limitation period was set aside, and the impugned order was quashed. The appeals filed by the Appellant/Importer were allowed with consequential benefits as per law.
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